Tag Archives: Merrick Garland

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Sen. Moran stands up for integrity

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I’m now going to salute a Republican member of used to be considered — maybe some folks still think it is — the World’s Greatest Deliberative Body.

Stand up, U.S. Sen. Jerry Moran of Kansas. Take a bow.

You, sir, are standing on a critical principle, which is that Kansans sent you to the Senate to do your job and you are insisting that your senatorial leadership follows your lead.

Good luck with that.

Moran told a town hall gathering earlier this week that he wants the Senate to consider the nomination of Merrick Garland to the U.S. Supreme Court. He is bucking the edict handed down by Majority Leader Mitch McConnell, who says the Senate should wait until after the election this November to consider an appointment made by the next president of the United States.

Moran, a conservative Republican representing a blood-red Republican state, is in no serious danger of losing his Senate seat this fall. Still, to hear him say that his party’s Senate leader is wrong is, well, uplifting.

Moran isn’t endorsing Garland’s nomination. He told the town hall group that he cannot imagine President Obama ever nominating someone to his liking.

But he said he is obligated to do his job as a U.S. senator.  “I think the process ought to go forward,” he said.

He said it’s better for his constituents to tell him he “voted wrong on nominating  somebody than saying I’m not doing my job.”

Moran joins two other GOP senators

It’s one thing for a senator such as Kelly Ayotte of New Hampshire or Mark Kirk of Illinois — who also have called for hearings and a confirmation vote — to say they’ll meet with Garland and want to consider his nomination.

It’s quite another for someone representing a safe Republican state — whose re-election this fall is a virtual certainty — to weigh in on the side of senatorial responsibility.

If only the obstructionist who leads the Senate would follow suit.

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Listen to the VP, senators, about doing your job

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Vice President Joe Biden is going to lecture the U.S. Senate on something about which knows a thing or two.

He wants his former colleagues to do the job they took an oath to do, which is vote on whether to approve a nominee to the U.S. Supreme Court.

Biden will deliver his message in remarks at Georgetown University.

At issue is the nomination of Merrick Garland to fill the seat vacated by the death of Antonin Scalia. Senate Republicans — many of them, anyway — are digging in on the nomination. They don’t want to consider a Barack Obama appointment, contending that it’s too late in the president’s second term. He’s a “lame duck,” therefore, the task of appointing a justice should fall on the next president.

That, of course, is pure malarkey.

Barack Obama is president until Jan. 20, 2017. He wants to fulfill his constitutional duty and he’s urging the Senate to do so as well.

Oh sure. The balance of the court is hanging here. Scalia was a devout conservative ideologue — and a brilliant legal scholar. Garland is a judicial moderate; he’s also a scholar; a man viewed widely as supremely qualified.

How does Biden — who served in the Senate for 36 years before being elected vice president — figure in this?

As vice president, he’s the presiding officer of the Senate. Of course, he votes only to break ties. He doesn’t actually run the place. That task falls on the majority leader, who happens to be a Republican, Mitch McConnell of Kentucky.

It’s been McConnell’s call to obstruct this nomination.

Biden, though, does have a number of friends in both parties who serve in the Senate. Is there any hope that he can get through to them? Probably not, but when you’re vice president of the United States, you have the bully pulpit from which to preach an important message to those who need to hear it.

 

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Well stated, Mr. Chief Justice

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How about that John Roberts?

The chief justice of the U.S. Supreme Court has rebuked the U.S. Senate — here it comes — for playing politics with the appointment of the next justice on the nation’s highest court.

Chief Justice Roberts did not know he was doing so when he made the remarks, as they came just a few days before the shocking and tragic death of Justice Antonin Scalia.

He noted the partisan nature of the votes for recent appointees to the court. According to the New York Times: “Look at my more recent colleagues, all extremely well qualified for the court,” Chief Justice Roberts said, “and the votes were, I think, strictly on party lines for the last three of them, or close to it, and that doesn’t make any sense. That suggests to me that the process is being used for something other than ensuring the qualifications of the nominees.”

The court, of course, has a vacancy to fill. President Obama has selected D.C. Circuit Court Chief Judge Merrick Garland to fill the seat. Senate Republicans say they want the next president to make the call, denying the current president the opportunity to fulfill his constitutional responsibility.

Chief Justice Roberts, served with Garland, surely must believe his judicial colleague is as “extremely well qualified” as justices Alito, Kagan and Sotomayor — whose confirmations were approved on largely partisan votes.

Roberts is on point with his call to consider these nominations on the merits of the individual’s qualifications.

No one has heard hardly a whimper from anyone questioning whether Merrick Garland is qualified to determine the constitutionality of federal law.

The opposition is being mounted for purely political reasons.

John Roberts says such posturing should stop.

I happen to agree with him.

As the chief said in his remarks preceding Scalia’s death: “We don’t work as Democrats or Republicans and I think it’s a very unfortunate impression the public might get from the confirmation process.”

 

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PBS discussion sheds great light on campaign ’16

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I feel compelled to begin this blog post with a disclaimer.

I am a freelance blogger for Panhandle PBS, the publicly funded television station based at Amarillo College here in the Texas Panhandle.

There. That said, I now want to say that the discussion that was broadcast Friday evening was one of the most intelligent I’ve heard yet about the state of the race for the presidency.

This discussion featuring liberal syndicated columnist Mark Shields and conservative New York Times columnist David Brooks covered three critical points:

The Republican primary campaign, the Democratic primary campaign and, in a related matter, President Obama’s nomination of Garland Merrick to the U.S. Supreme Court.

Shields and Brooks occasionally spar when they appear each Friday on the PBS NewsHour. They disagree on substantive matters from time to time. They were in agreement on several critical issues, though, this week.

Hillary Clinton will not be denied the Democratic nomination; Donald Trump is the likely Republican nominee; Judge Garland deserves to have his hearing before the U.S. Senate.

The most interesting aspect of what was said, though, came in the discussion of Trump and Garland.

Shields noted that Trump has won everywhere. He smoked what is left of a once-huge GOP field in Florida, Shields said, where opponents spent millions of dollars in negative TV ads. They didn’t make a dent in Trump’s juggernaut. Whatever it is that Trump has mastered, he has turned it into an unbeatable — so far! — formula for political success.

As for Garland, Shields also believes that the Republican leadership in the Senate is going to pay a price for refusing to consider the judge’s appointment to the Supreme Court. Brooks agreed that Garland deserves a hearing — and deserves to take his seat on the court — he doubts there will be hell to pay in the campaign for Republicans.

Both men also believe that Garland is the best candidate for the court the Republicans are likely to get — particularly if Trump is the GOP nominee for president. Trump will lose the election to Hillary Clinton, who then will be free to appoint someone of her liking — and could present that nominee to a Senate led by Democrats.

And so it will keep going throughout this crazy election cycle.

You’ve got to relish — and share — intelligent discussion whenever you hear it.

That’s what I’m doing here.

* * *

If you’re of a mind, please accept my invitation to look at my blog at PanhandlePBS.org; it’s called “A Public View” and it focuses on public affairs programming aired on Panhandle PBS.

http://www.panhandlepbs.org/blogs/public-view-john-kanelis/

 

 

 

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Does the GOP really want a mainstream jurist on the court?

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We hear it constantly from the right side of the political spectrum.

Courts shouldn’t be full of “judicial activists.” The culprits, in their eyes, usually come from the left. Those liberals are just too prone to “legislate from the bench.” Or so it goes from the right-wing mantra machine.

How did Barack Obama answer that with his choice for the U.S. Supreme Court? The president chose as mainstream, moderate and even-tempered a fellow as he could find. Merrick Garland deserves to take his seat on the nation’s highest court.

His record is exemplary. His temperament and judicial philosophy would seem to fit the bill perfectly for Senate Republicans who hold the key to whether Garland even gets a hearing, let alone a vote by the full Senate.

Now, though, all those qualities that conservatives say they admire in a judge don’t apply. Garland must be too, uh, moderate. Too measured. Too studious. Too mainstream.

Compared to the individual he would replace — the late Justice Antonin Scalia — perhaps there’s some merit to the criticism in the eyes of the Senate Republican caucus.

What they want is another Scalia.

Yes, the late justice was a brilliant legal scholar. He called himself a “strict constitutionalist”; to be honest, I’m not smart enough to argue that point.

I am reasonably intelligent enough, though, to know that he was rigid in his approach to interpreting the Constitution. He was an ideologue. However, his ideology fit nicely with the politicians who control the Senate.

Garland’s doesn’t. He’s too centrist. Too moderate and mainstream.

One man’s ideological purist is another man’s near-perfect fit for the job of interpreting the Constitution.

So, it’s fair to ask: Do the Senate Republicans who keep insisting that the next president make this pick really oppose the current choice on judicial and philosophical grounds, or are they just playing politics?

 

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Garland the perfect choice for SCOTUS … normally

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Under normal circumstances — without such historic potential consequences on the line — President Obama’s choice for the U.S. Supreme Court would be considered damn near perfect.

Merrick Garland fits the bill — to the letter.

Brilliant legal scholar; strict adherent to the Constitution; moderate judicial philosophy; meticulous writer; tremendous personal story; varied legal career in private practice and as a federal prosecutor; many years of experience on the federal bench; virtually unanimous admiration among his peers.

Then again, he’s got this particular problem that is not of his making.

He’s been chosen to the highest court in the land during an election year. That, by itself, isn’t a deal breaker. Except that Republicans who control the U.S. Senate, which must confirm the appointment, have made it one.

They’ve declared that Obama shouldn’t get to pick someone to replace the late conservative ideologue Antonin Scalia during the heat of a presidential election campaign. They want to hand that duty over to the next president who, they hope, will be a Republican.

They’ve declared that the current president doesn’t get to his job, which the U.S. Constitution says includes making appointments to the federal bench. He’s made a big choice. Garland is been named to fill some huge shoes on the Supreme Court.

His only drawback, if you want to call it that, is that he isn’t the rock-ribbed, ironclad conservative in the mold of Scalia. Oh, no. Garland is a moderate. He’s a mainstream, thoughtful jurist with a gleaming reputation for careful legal scholarship.

What, do you suppose, will be the American Bar Association’s rating of this guy, when the ABA decides to make that declaration? I’ll predict he’ll get the highest recommendation possible from the bar.

So what in the world is holding up his confirmation? It’s the obstruction of the Senate Majority Leader, Mitch McConnell, who vows to block any attempt even to conduct a confirmation hearing before the Senate Judiciary Committee.

And to think that McConnell had the brass to say that the president is “politicizing” this pick by criticizing Republicans’ effort to block it.

The stunning lack of self-awareness here is beyond belief. It’s McConnell and his Senate lieutenants who have politicized this process by stating that the 44th president of the United States shall not have his judicial appointment even considered for confirmation.

Why? Because they hope to get one of their fellow Republicans elected president this November.

Something tells me McConnell and his gang of Senate GOP obstructionists are flirting with political disaster if they insist on continuing to play this foolish game.

 

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Let’s talk, Mr. Senate Majority Leader

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Every effective American politician has a consigliere — a wise man, or perhaps a wise woman — who’ll tell them the unvarnished truth.

JFK had Bobby; George H.W. Bush had Jim Baker; Ronald Reagan had Nancy.

I’m wondering this morning who in Senate Majority Leader Mitch McConnell’s inner circle fills that role. Hmm. It might be his wife, Elaine Chao, a former labor secretary during W’s administration.

Whoever it is, are they having a serious, candid and frank discussion with the boss? Are they hunkered down in some ante room in his spacious office in the Senate wing of the U.S. Capitol Building?

Here’s a thought, offered from the Flyover Country Peanut Gallery, on how that talk might proceed:

McConnell: OK, I sense we have a problem with this Supreme Court pick. I’ve declared my intention to block whoever Barack Obama nominates. I’m trying to stand on some sort of principle but my knees are buckling just a little.

Wise Man: And they should, Mitch. You’ve boxed yourself into a corner. Did you think Obama was going to pick some flaming, judicial activist liberal? He didn’t. He went with this Merrick Garland fellow. Everyone loves the guy. You love the guy. Hell, Mitch, you voted to confirm him to the D.C. court nearly 20 years ago.

McC: True. But that was then. The stakes this time are gigantic. They’re y-u-u-u-u-ge! (Laughter). I hope you don’t mind my saying it that way. Antonin Scalia’s death upset everything. He was one of our guys. Now Obama has picked one of their guys to replace Scalia. The balance of the court will change.

WM: So, what’s your point? Did you think Obama was going to select an archconservative like Scalia? We all knew this would happen if one of our guys died. But hey, he didn’t pick a flamer, Mitch. He picked a mainstream moderate judge. Hasn’t he done well on the D.C. court?

McC: Yeah, he has. He’s been the kind of judge I said he was when I spoke in his favor in 1997. I get that he’ll be that kind of justice on the Supreme Court, too. But it’s different now. I’ve got those TEA Party yahoos who want me to dig in. They insist — in that way of theirs — that Barack Obama’s re-election doesn’t really count. And you don’t need to remind me of what I said early in Obama’s presidency about making him a “one-term president” being my top priority. I get that it didn’t work out.

WM: So, consider this, too. We’re about to nominate Donald Trump as our candidate for president. The Democrats are going to nominate Hillary as their candidate. Trump vs. Clinton. One of them will get to pick the next Supreme Court justice if we continue to obstruct this selection. Who between them do you want? Trump, who you’ve criticized before for the outrageous accusations he has made along the campaign trail? Or Clinton, who the TEA Party wing hates nearly as much as it hates Obama? Don’t you think maybe that Merrick Garland is going to be the best choice we’re going to get?

McC: I get your point. But what about the principle we’re standing on here? What about giving in to the Democrats? I’m going to get fried if I cave in.

WM: Well, Mitch, a lot worse is going to happen to you if we obstruct this nomination, Hillary makes a huge campaign issue of it, wins in a landslide and the Democrats retake the Senate.

McC: How do you propose I back off? How do I justify this to my base — our base?

WM: Look, Mitch. I might be a wise man. But I’m not a magician. You figure it out.

 

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‘American people’ have spoken, Mr. Leader

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U.S. Senate Majority Leader Mitch McConnell is really starting to tick me off.

He keeps harping on this idiotic notion that “the American people” deserve to have a voice in determining who the president should nominate to a seat on the U.S. Supreme Court. Their voice has been heard, Sen. McConnell. It was heard four years ago when the country re-elected President Obama.

Thus, he greeted today’s nomination of an eminently qualified jurist — Merrick Garland — with his vow to block it out of hand. Judge Garland will get no hearing; Republican senators won’t meet with him; there will be no vote.

The Senate won’t do its job. It won’t follow through on President Obama’s nomination. Why? Because, according to McConnell, Barack Obama’s time as president is about up and the next president should make the appointment.

So, with that, the majority leader of the Senate has decided that Barack Obama’s second term will be cut short by nearly a year. No need to consider an appointment that the incumbent president sends to the Senate, because the legislative body’s upper chamber won’t do anything about it.

This is an outrage of the first order.

Merrick Garland is a first-class jurist. Senators thought so when they confirmed his nomination to the D.C. Circuit Court in 1997. Republicans joined Democrats in praising Garland’s credentials.

Now, though, it’s different. McConnell said today it’s not “personal.” Of course it is! He and Senate Republicans don’t want Garland to fill a court vacancy created by the untimely death of the court’s leading conservative ideologue, Justice Antonin Scalia.

Garland is not a flaming liberal. His judicial record is the model of judicial moderation. Indeed, leftists today expressed disappointment with the president over his selection of someone who is not a favorite of the Democratic Party’s liberal base.

American citizens have spoken already, Mr. Leader, about who should sit on the Supreme Court. They spoke clearly in the November 2012 general election.

Five million more Americans voted for Barack Obama than voted for Mitt Romney. Case closed.

For the Republican leader of the Senate to suggest that the president’s pick should be stalled because GOP senators don’t want him to do his job is an outrage.

 

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Garland gets nod; let’s act on it, senators

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BBqxe1o

I’ve written already about why I believe President Obama deserves to have his Supreme Court appointment considered by the U.S. Senate.

It’s his prerogative to appoint someone; it’s the Senate’s prerogative to approve or reject it. The Constitution lays it out there. I understand the idea of “advise and consent.”

If senators object, then they should say so on the record. The idea of obstructing a nomination by refusing to consider it is offensive on its face … at least in my view.

The president today nominated D.C. Circuit Court chief judge Merrick Garland to the high court, replacing the late Antonin Scalia.

The politics of this fight overshadows everything else. It overshadows Garland’s impeccable credentials, his immense standing among legal scholars, his compelling personal story.

Scalia was the court’s leading conservative voice. He was an ideologue. Garland is a moderate. He’s known to be a non-ideologue, but according to conservatives, well, that makes him a flaming liberal.

The court’s balance would shift with Garland joining the court.

And that’s why the Senate Republican leadership is vowing to block the nomination by refusing even to consider it. The GOP won’t even allow a hearing. Hell, GOP senators say they won’t even meet with Garland.

The Republican leadership that says it wants the next president to make the appointment.

What happens, though, if the next president happens to be, oh, Hillary Rodham Clinton? Are they then willing to put this selection in the hands of a president who could appoint a true-life flaming liberal? Or should they give Merrick Garland the hearing he deserves and cut their losses?

Garland’s intelligence and legal knowledge are beyond reproach. Even Republicans said as much when they approved his nomination to the D.C. Circuit Court. If he’s as smart and scholarly now as he was then, it makes sense — or so it seems — that he’d be a fitting choice for the Supreme Court.

The fight has been joined.

Senate Majority Leader Mitch McConnell said the people should have a say in filling this court seat. Mr. Leader, the people have spoken on it — by re-electing Barack Obama as president of the United States.